General information
About
Chit-Chats.io (“Website”) is a feature of Chit-Chats, LLC, a Delaware limited liability company (“Chit-Chats”, “we”, “us” or “our”) and enables our users to use the Website, which includes the Chit-Chats platform.
Users of our Website may be (1) creators (“Creators”) who provide memberships for our customers (“Customers”) on our Website, or (2) Customers, who become members of the Creators on our Website. Our Customers and/or Creators who use our Website are sometimes referred to, collectively, as “you” or “your” throughout these Terms (as defined below).
These Terms of Use (“Terms”) govern your access and use of the Website, and by your use of the Website, you hereby consent to and agree to these Terms and conclude a legally binding contract with Chit-Chats.
Please read these Terms carefully and make sure that you understand them. Some portions pertain directly to Creators and other portions specifically to Customers. You may not access or use the Chit-Chats Website if you are unwilling or unable to be bound by any part of these Terms. For information about our data practices, please see our Privacy Policy, which includes our Cookies Policy which addresses how we collect and use your information in accordance with those policies.
Age restrictions
When you create an account, whether as a Creator or a Customer you must provide us with accurate information. We reserve the right to reject, suspend, or remove any user from our Website at any time for providing any false or misleading information.
To create an account you must be at least 18 years of age at the time your account is created.
You are responsible for any activity that occurs when your account has been logged in, as well as the security of your account. Please contact us immediately if you believe your account has been compromised.
Responsibility
You are responsible for all activity on your account. If you violate these Terms we may terminate your account, with or without notice.
You are responsible for providing us with accurate, current information when creating your account.
You may not do anything illegal, abusive towards others, or act in a way that abuses our site in a technical way. If you are a Creator raising funds on our Website, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our Website.
You may find more detailed information in the Security Policy which covers most issues, but if you find a new and creative way to hurt us or our community we may take action to prevent it.
Accounts
Creator
Definition of Creator
A Creator is someone who offers membership to Customers on our Website. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are or plan to use our Website as a Creator.
Membership
To become a Creator simply create a user account which includes a bank account for receiving payments and launch your page to start your membership. Memberships are for your most passionate fans. You are inviting them to be part of something exciting that gives them unique Products they want, like additional access, merchandise, exclusivity, and engaging experiences. In exchange, Customers pay on a subscription basis as set out in greater detail below.
Payments
As a Creator you make your membership available on the Website. You may offer membership to Customers to access your content on a monthly subscription and/or per piece basis. We handle payments issues such as fraud, chargebacks and resolution of payments disputes.
We shall provide to you on a weekly or monthly basis, as selected by you at the time of registration your payments less all due fees (as set forth below). Note that there is a seven (7) day frozen period after each transaction from a Customer in which you are unable to receive payment for that transaction. We may block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we shall communicate the reason to you promptly. If you have questions about payments, please reach out to us using the contact form on the Website. In order to protect Creators, we may block Customers’ payments if we believe them to be fraudulent.
If a refund puts your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments.
Fees
As a Creator there are fees owed to us that are associated with your use of the Website, each of which are withheld from your payments. The first is our platform fee, which is 30% of your monthly income. The second is our payment processing fee, which is dependent upon the currency selected by the Creator, as set forth below. Also, there are processing fees that depend on the size of the transactions.
Additional fees may apply, including, without limitation a foreign Customer transaction fee for their membership subscription, which may occur based on a Customer’s location. Chit-Chats does not control, nor is Chit-Chats responsible for this charge
Tax
We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.
The one tax we do handle on your behalf is VAT payments for electronically supplied services to customers in the EU. For the purpose of electronically supplied services, creators make a supply of those services to us, and then we supply them to the Customer.
Restrictions
Prohibited Content and Products that violate these Terms include, but are not limited to:
Illegal Content or Products.
Content or Products that are abusive towards other people.
Content or Products that use others' intellectual property, unless you have express written permission to use it, or your use is protected by fair use.
Content or Products that infringe on another person’s rights, such as right of publicity, unless you have that person’s express written permission to use it.
Content or Products with real people engaging in sexual acts.
Benefits that involve raffles or prizes based on chance.
Creations or Products that are false or misleading
Creations or Products that violate any local, state, federal or international law.
You are legally responsible for all content uploaded on our Website. Your content is not confidential, and by using our Website you hereby authorize our Customers to access and view your content for their own lawful and personal use. You represent and warrant that you own all content and any intellectual property rights therein and that if your content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for such use.
We reserve the right to remove any Creator content at any time, with or without notice, for any reason if we believe that such content violates these Terms.
Customers under the age of 18 may not use the Website. We may reject, suspend or remove any user from our Website for any reason at any time. As such, we are not required to allow any particular person or group of persons to be a member on your account.
As a Creator you are also responsible for abiding by all data privacy laws and for keeping Customer data safe. An account is tied to your creative output and may not be sold or transferred for use by another Creator.
Customers
To become a Customer, you must be at least 18 years of age or older. To create a Customer account, fill out all required information, add your preferred payment method where indicated and join any Creator's membership that you choose!
There are two types of membership subscriptions: (1) the first is a monthly subscription where you pay per month; and (2) the second is a per piece of Content subscription where you pay a la carte for Content a Creator posts.
If you select a monthly subscription your credit card is automatically charged on that date and each following month on the corresponding day of that month, unless there is no corresponding day within that month, in which card your credit card will be charged on the last day of that month (i.e. if you sign up on January 31st, you will be charged on February 28th, March 31, and so on until you cancel). You may cancel your monthly subscription at any time.
Each Content Creator may determine the terms of their offered subscription. You shall see the details as you join and in the receipt sent to you after each successful payment. You may view all your active membership subscriptions and billing history on the Website.
You may cancel your membership subscription at any time. We may provide refunds at our sole discretion. You agree not to make any (i) unjustified requests for refunds, or (ii) unjustified chargeback requests of your payment card provider. If we determine that any such refund or chargeback request was made by you in bad faith, we may, in addition to rejecting your refund request, suspend or terminate your Customer account.
Some content posted by Creators on our Website contains adult material, and you acknowledge and agree to this when you access our Website. We are not responsible for any loss or damage you suffer as a result of how or where you view our Website.
If you choose to purchase a product and/or service (collectively, “Product”) from a Creator through the Website, you will be required to provide the Creator with a physical mailing address. In such a situation, Chit-Chats only role is that of a third-party facilitator of the order. You acknowledge that Chit-Chats is not responsible for the delivery, quality or condition of the Product and any refund you may request and/or receive from dissatisfaction of the Product is exclusively between the Customer and the Creator. Additionally, by purchasing a Product from a Creator, you understand and acknowledge the inherent risks associated with providing a personally identifying information, including, but not limited to breaches of data privacy, harassment, stalking, bodily injury and death.
In certain situations you may lose access to a Creator's customer-only posts and Products, such as if you cancel your membership subscription, your payment method fails, the Creator blocks you, or the Creator deletes their account. We are not required to allow you to be a member of any particular Creator.
Creators' memberships vary and we have limited control over the quality and specific offerings. While we may make a good faith effort to screen for fraudulent Creator pages, we are not required to pre-screen or monitor Creator’s content and do not assume any responsibility for the content posted. Furthermore, we may not guarantee the identity of Creators or the validity of any claims they make. We do not choose, endorse, authorize, approve or guarantee the completeness, legitimacy, legality, accuracy or reliability of any content Creators post on our Website. We appreciate your help reporting suspicious Creator pages so we may keep our Website safe and truthful. We comply with applicable laws requiring us to use proportionate measures to quickly remove allegedly illegal content when we become aware of it.
If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial membership subscription.
Depending on your location, some banks may charge you an additional foreign transaction fee for your membership subscription. Chit-Chats does not control this charge. Please contact your bank for more information.
Chit-Chats role
We review Creator pages and posts on our Website to ensure compliance with these Terms. We will proactively review and investigate reports of potential violations of these Terms .
Such investigations may take a while to resolve and we reserve the right, in our sole judgement, to make a final determination of whether a violation existed or not and what, if any consequence to the Creator may be.
In most situations we will work with the Creators to resolve any potential violations and allow the Creator to continue using our Website. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
Please let us know if you see potential violations by reporting it at our Website using contact form
As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. This means that we may not take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
We are constantly testing out new features with the goal of making our Website better. We may add or remove features to or from our Website at any time, with or without notice. We often test features with a random subset of our community. If we believe, in our sole discretion, that such features significantly change these Terms, then we will notify the applicable users as to those differences in the test.
With your permission, we may give other Websites or services the ability to verify information about your Website account or perform actions on your behalf. This permission is asked for when you connect your Website account to these other Websites or services. You may learn more in our Privacy Policy.
Account deletion
You may delete your account at any time by contacting us. We may disable, suspend or terminate your account at our discretion at any time, with or without notice.
We may also cancel any membership subscriptions and remove any descriptions, posts or Products at our discretion.
You may not bring a claim against us for suspending or terminating another person's account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including our attorneys fees and litigation costs.
These terms remain in effect even if your account has been deleted or otherwise terminated.
Intellectual property: Our rights to Creator’s intellectual property
Creators retain complete ownership of all Content and posts on our Website (collectively, “Creator’s Intellectual Property”).
As a Creator posting Content on our Website, you hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license and right to use, reproduce, distribute, perform, publicly display, modify and/or prepare derivative works of Creator’s Intellectual Property. The purpose of this license is strictly limited to allow us to provide and promote memberships to your members, our Customers. We will never try to steal your Content or use them in an exploitative way.
As a Creator, you represent and warrant that you have the right and license in and to all content posted by you on our Website and that no posts or other Content infringe on any third party’s intellectual property or proprietary rights, including but not limited to any third party copyright, trademark or rights of publicity.
Customers may not use Content posted by Creators in any way not authorized by the Creator.
Your rights to our intellectual property
So long as you have an active account on our Website and remain in compliance with these Terms, Creators are granted a temporary, revocable, non-assignable, non-transferrable, royalty free, world wide, and fully paid up right and license to use all Chit-Chats copyrights, trademarks, logos or other indicia (collectively, “Chit-Chats Intellectual Property”) exclusively to promote the Creator’s page on our Website. Creator may not use Chit-Chats Intellectual Property for any other purpose without our express written permission, which may be conditioned, withheld or delayed at our sole discretion.
Our Content is protected by copyright, trademark and trade secret laws. Some examples of our Content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your page on our Website. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our Content unless we give you permission in writing. Please ask if you have any questions.
Passwords
Access to certain portions of our Website may involve the use of unique username(s) and password(s). You are solely responsible for maintaining the security of such user name(s) and password(s), and will promptly notify us if you believe such security has been compromised. You will not use the user name(s) or password(s) of any third party without such party’s express prior consent.
Indemnity
You will indemnify, defend and hold us harmless from all losses and liabilities, including legal fees, that arise from any violation of these Terms or that relate to your use of the Website. We reserve the right to exclusive control over the defense of any third-party claim covered by this clause. If we use this right then you will help us in our defense.
Your obligation to indemnify us under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, attorneys and third party service providers.
Legal
Warranty disclaimer
We do our best to make sure the Website works as expected, but stuff happens.
The Website is provided "as is" and without warranty of any kind. We may change the Website from time to time for any reason, with or without notice. We do not guarantee that the Website or its content will always be available or accessible without interruption. We may suspend, terminate or restrict the availability of any part of our Website, temporarily or permanently, for any reason with or without notice. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.
The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.
Limit of liability
If you lose money as a result of using our Website, any liability owed to you is limited to the amount of money we have earned through your use of the Website.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these Terms, or your use or attempted use of the Website. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of the Website. We are specifically not liable for loss associated with unfulfilled Products and from losses caused by conflicting contractual agreements.
For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.
Dispute resolution
We encourage you to contact us if you have an issue with our Website. If a dispute does arise out of these Terms or related to your use of the Website, and it may not be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, except as expressly provided below. Judgment on the arbitration entered in any court with jurisdiction is final and will be binding on the parties. Arbitrations may only take place on an individual basis. No class arbitrations or other grouping of parties is allowed. By agreeing to these Terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.
For Creators and Customers who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these Terms do not follow that standard, that portion is severed from these Terms.
This clause does not limit either party's ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person's account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.
Governing law
Any disputes with us must be resolved in Kent County, Delaware, USA under Delaware law. Delaware law, excluding its conflict of law provisions, governs these Terms and all other Chit-Chats policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Los Angeles County, California, USA.
Miscellaneous
These Terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision may not be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.
Reporting Claims of Copyright Infringement/DMCA Takedown Policy
Our mission is to empower Creators to own their content. We are committed to providing Creators with the ability to share and monetize their content. This “DMCA Takedown Policy” is to be used only for reporting infringing content published on Chit-Chats.io. We take all claims of copyright infringement seriously. We will respond to notice of alleged copyright infringement that comply with applicable law. If you believe that any materials accessible on or from the website infringe your copyright, you may request removal of those materials (or access to them) from the website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act of 1998 (17 U.S.C. Section 512) (“DMCA”), the written notice (“DMCA Notice”) must include the following:
Identification of the copyrighted work or works you believe to have been infringed;
Identification of the material you believe to be infringing in a sufficient manner to allow us to locate the material (i.e. a specific link to the URL on our website that you claim was infringed);
Contact information for you, specifically your name, postal address, telephone number and email address;
A statement attesting that you have good faith believe that the material is copyrighted and the use of the material is not authorized by the copyright owner, its agent or the law;
A statement attesting that the information in the DMCA Notice is accurate;
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Please send your DMCA Notice to our designated agent:
Joseph C. Cane, Jr., Esq.
Versailles Law Corporation
9984 Scripps Ranch Blvd., Suite 324
San Diego, California 92131
Email: contact@chit-chats.io, Subject Line: DMCA Notice
Please note that should you fail to comply with each of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
We reserve the right, at any time, to disable access to or remove any content accessible on or from our website (including any materials claimed to be infringing through a DMCA Notice or based on facts or circumstances from which infringing activity is apparent in our sole discretion). Upon receipt of your DMCA Notice, we will remove and/or disable access to the infringing material and notify the relevant Creator. Such removal and/or disabling access, the (“DMCA Takedown Procedure”)
The relevant Creator, in turn, may submit a counter-notification pursuant to Section 512(g)(2) & (3) of he DMCA to the designated agent containing a statement made under penalty of perjury that such Creator has a good faith belief that the material was removed because of misidentification of the material and/or that the DMCA Notice is erroneous or false (“Counter-Notification Procedure”). Such counter-notification must be accurate and truthful, and the Creator will be liable for any misrepresentations which may cause any claims to be brought against the website relating to the actions taken in response to the counter-notification.
Once we receive the counter-notification from our designated agent, we will provide the counter-notification to the initial claimant who filed the DMCA Notice.
Please note that if you knowingly materially misrepresent that material or activity on the website is infringing your (or someone you represent) copyright, you may be held liable for damages under Section 512(f) of the DMCA.
We reserve the right to disable and/or terminate accounts of users who are repeat infringers of this DMCA Takedown Policy.
Effective Date/Changes
These Terms were posted on the date set forth above. We may sometimes make changes to these Terms, at our discretion, at any time, with or without notice. You are advised to periodically review these Terms for any changes. Any such changes will take effect immediately upon its posting on the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by these Terms, as amended.
Contact Information
These Terms are an agreement with Chit-Chats, LLC. Please contact us with any questions or concerns at contact@chit-chats.io.